KEI filed comments on the NIST Draft Green paper on the return from investment on federally funded R&D (See: https://www.keionline.org/29518). We expect the comment period to be extended, but filed this on January 9, 2018, as an initial submission.
KEI-comments-NIST-SP-1234-ROI-9Jan2018
This is the table of contents for our submission.
- Introduction: 1
- Government Use License (Royalty-Free Right in Inventions): 3
- Intended Action 1.: 4
- Consequence of Intended Action 1: 5
- March-in Rights: 6
- Intended Action 2.: 6
- Consequence of Intended Action 2: 7
- Commentary: 8
- What is a “Compelling National Issue”?: 8
- The Policy and Objective of the Bayh-Dole Act as Described in the Statute: 8
- The Bayh-Dole Act Statutory Standards for March-in Rights: 9
- Available to the Public on Reasonable Terms: 10
- The Culture of Private Benefit from Public Funded Research: 11
- Increasing Interest in the Use of Royalty-free or March-in Rights in Federally-funded Biomedical Inventions: 11
- Table 1: Examples of march-in and royalty-free cases: 12
- Two potential march-in or royalty-free rights cases: 14
- CRISPR and CAR T: 14
- Relationship Between Royalty-free and March-in rights and 35 USC § 1498.: 15
- The Views of Senators Birch Bayh and Robert Dole: 16
- Bayh’s Views Shifted with Client’s Interests: 17
- Dole was a Spokesperson for Viagra, Employed by Pfizer and Representing other Corporate Clients: 19